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(영문) 서울중앙지방법원 2018.05.11 2018노511
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) of the lower court's punishment (4 months of imprisonment) is too unreasonable.

Judgment

It is recognized that the defendant led to the crime of this case, and that the defendant sold the vehicle of this case to avoid driving without a license.

However, on July 12, 2017, the Defendant was punished several times due to drinking, driving without a license, and the Defendant was sentenced to a suspended sentence (Seoul High Court Decision 2017 Goyang Branch Branch Branch Decision 2997, Nov. 8, 2017) due to drinking driving on July 12, 2017, and did not have been sentenced to the instant non-licensed driving on December 3, 2017, and was under trial for committing the instant crime on July 12, 2017, and was under trial for driving without a license on July 29, 2017, after comprehensively taking into account the following: (a) the Defendant was sentenced to a suspended sentence on July 13, 2017; (b) the Defendant was under sentence of a fine (200,00 won); (c) the Defendant was under the influence of his or her reasonable motive and scope of his or her criminal activity; and (d) the Defendant was under the influence of his or her oral arguments, etc.

It does not seem that it does not appear.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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